Utilizing OFCCP Pre-Award Registry to Check for Audit Closures

While attending a recent ILG meeting, Biddle Consulting Group participated in a discussion about the National Pre-Award Registry found on the OFCCP website. The registry allows companies to search for audits that were closed and the contractor was found to be in compliance. In the link below, there is a search function at the bottom where users can type in a company name and if they have any closed audits within the last two years they will be listed. This can be a handy tool for Federal Contractors since audit status is sometimes unknown. Be aware that not all audits appear on this list. For example, administrative closures and audits that are closed because there are no initial indicators of problem areas MAY NOT appear on the list because the associated closure letter indicates that the audit was closed BUT that the contractor was not issued a letter of compliance.

This Registry can be viewed in one of two formats:

There is a search function that allows users to search the Registry (in ascending or descending order) using the Name of the Contractor Facility; and
Users can download the entire Registry (about 1 Mb) to their computer. Once downloaded, this information can then be imported into any word processor, spreadsheet, or database software package.

See link below:

http://www.dol-esa.gov/preaward/pa_reg.html

BCG Speaking at SHRM National Conference on Adverse Impact

Adverse Impact and the New OFCCP: Analysis Done Right!

Time/Date: Tuesday June 30th 7:00am-8:15am

Presenter: Patrick M. Nooren, Ph.D., Executive Vice President, Biddle Consulting Group, Inc., Folsom, California.

Workplace Application: This session will help you understand the importance of properly analyzing your selection process for adverse impact.
Strategic policy decisions have changed the OFCCP from an organization seeking to advance classical Affirmative Action into an organization seeking to root-out and eliminate systemic disparities in hiring and compensation. This session will update you on the latest analytical strategies for correctly identifying adverse impact and practical ways in which to mitigate potential problem areas.

We look forward to seeing you at the SHRM National Conference this year!

OFCCP budget increases announced for 2010

The Department of Labor has announced their 2010 budget and the OFCCP has been identified to receive an increase of more than $25 million dollars to enhance their already aggressive enforcement strategies. Included in the budget is the addition of more than 200 full time employeees and a new case mamagement system. See the excerpt below for details.

Secretary Hilda L. Solis unveils U.S. Department of Labor’s budget for fiscal year 2010. View the news brief:
http://www.dol.gov/opa/media/press/oasam/OASAM20090489.htm

View the entire budget brief:
http://www.dol.gov/dol/budget/2010/PDF/bib.pdf

Excerpt from the Budget in Brief regarding the OFCCP budget increase:

"The Office of Federal Contract Compliance Programs (OFCCP) has the responsibility of ensuring that employers doing business with the Federal Government comply with the Equal Employment Opportunity (EEO) and affirmative action provisions of their contracts. The OFCCP administers and enforces three EEO programs: Executive Order 11246; Section 503 of the Rehabilitation Act of 1973; and the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

The OFCCP carries out its responsibilities by: (1) offering technical assistance to Federal contractors and subcontractors to help them understand the regulatory requirements and review process; (2) conducting compliance evaluations and complaint investigations of Federal contractor and subcontractor personnel policies and procedures; (3) obtaining Conciliation Agreements from contractors and subcontractors who are in violation of regulatory requirements; (4) monitoring contractors and subcontractors progress in fulfilling the terms of their agreements through periodic compliance reports; (5) forming linkage agreements between contractors and Labor Department job training programs to help employers identify and recruit qualified workers and recommend enforcement actions to the Solicitor of Labor.

The FY 2010 budget request includes a program increase of $25,600,000 to fund 213 FTE and a new case management system. The additional FTE will support enforcement and outreach efforts related to compensation. Given the complexities of new procedures outlined in the two federal register notices – Interpreting Nondiscrimnation (Standards) and Voluntary Guidelines for Requirements of Executive Order (guidelines), OFCCP needs to place additional emphasis on outreach and training, as well as improving the various approaches and investigative techniques used to evaluate compensation. In addition, the program increase will also support litigation to amplify enforcement activities by funding external experts to verify OFCCP’s allegations and assessments to solidify its commitment to strong enforcement.
In FY 2008, OFCCP made total financial settlements of $67,510,892 in back pay and annualized salary and benefits for a record 24,508 American workers who had been subjected to unlawful employment discrimination. This marks the fourth consecutive year that OFCCP has posted record enforcement numbers."

BCG to speak at National ILG in Atlanta re: Ricci v. DeStefano testing case

United States Supreme Court is Set to Rule on the Biggest Testing Case Since Griggs v. Duke Power

On April 22, 2009, the U.S. Supreme Court (“USSC”) heard the oral arguments offered by each side in the Ricci v. DeStefano testing case. In this case, 18 candidates (17 Whites and 1 Hispanic), who successfully passed two exams for promotion to Lieutenant and Captain positions, are suing the City of New Haven, Connecticut for refusing to certify the exams and make the promotions because the tests had adverse impact (whites scored higher than African-Americans) and were not justifiably valid. The plaintiffs argued that their rights under Title VII and the 14th Amendment Equal Protection Clause were violated. This summer, we expect the USSC to rule on this very important matter. Dr. Biddle attended the oral arguments at the USSC and will discuss the court’s ruling as well as the implications for federal contractors.

The session will be at 2:30pm on July 29th (Concurrent Session #4).